Luminex FLEXMAP 3D User Manual - Manual (Page 3)

Standard Terms and Conditions for Use of Instrument
Product
By opening the packaging containing this instrument product ("Product") or by using
such Product in any manner, you are consenting and agreeing to be bound by the
following terms and conditions. You are also agreeing that the following terms and
conditions constitute a legally valid and binding contract that is enforceable against
you. If you do not agree to all of the terms and conditions set forth below, you must
promptly return the Product for a full refund prior to using them in any manner.
1. Acceptance
ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS
AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT THERETO. NO
VARIATION OF THESE TERMS AND CONDITIONS SHALL BE BINDING UPON LUMINEX
CORPORATION ("LUMINEX") UNLESS AGREED TO IN WRITING AND SIGNED BY AN
AUTHORIZED REPRESENTATIVE OF LUMINEX.
For purposes of this agreement, "Seller" shall mean either Luminex, if the Product is
purchased directly from Luminex, or a Luminex authorized reseller. Buyer, by accepting the
Product, shall be deemed to have assented to the terms and conditions set forth herein,
notwithstanding any terms contained in any prior or later communications from Buyer and
whether or not Seller shall specifically or expressly object to any such terms.
2. Warranties
THIS WARRANTY IS APPLICABLE FOR PARTS AND SERVICE FOR LUMINEX
INSTRUMENTS PURCHASED DIRECTLY FROM LUMINEX TO BUYER AND ONLY TO
THE EXTENT SUCH INSTRUMENTS ARE LOCATED IN NORTH AMERICA AND THE
COUNTRIES THAT COMPRISE THE EUROPEAN UNION. LUMINEX MAKES NO
WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS SOLD,
DISTRIBUTED, LOCATED OR USED OUTSIDE OF NORTH AMERICA OR THE
COUNTRIES COMPRISING THE EUROPEAN UNION. PRODUCTS SOLD OUTSIDE OF
NORTH AMERICA OR THE COUNTRIES COMPRISING THE EUROPEAN UNION ARE
SOLD ONLY ON AN "AS IS, WHERE IS" BASIS. NOTWITHSTANDING THE FOREGOING,
LUMINEX SHALL PROVIDE BUYER A WARRANTY ON FIELD SERVICE PARTS
PROCURED FROM LUMINEX FOR MAINTENANCE OF LUMINEX INSTRUMENTS IN ALL
COUNTRIES IN THE WORLD AND PER THE TERMS AND CONDITIONS HEREIN. TO
THE EXTENT THAT THE FOREGOING DISCLAIMERS ARE INVALID OR
UNENFORCEABLE UNDER THE LAWS OF ANY JURISDICTION, THE WARRANTY,
DISCLAIMER, LIMITATION OF LIABILITY AND OTHER PROVISIONS SET FORTH BELOW
SHALL THEREUPON BE EFFECTIVE TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
Notwithstanding Buyer's acceptance thereof, if Product is purchased directly from Luminex,
Luminex warrants that for a period of twelve (12) months from date of delivery that the
Product shall conform in all material respects with the Product Specifications provided by
Luminex with the Product. The warranty provided herein specifically excludes any software or
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